Can participating in militia and self-defense forces be postponed from military service in Vietnam?

Can participating in militia and self-defense forces be postponed from military service in Vietnam? If I have a relative who is a non-commissioned officer, will I be able to postpone from conscription in Vietnam? Who has authority to decide whether to postpone or exempt military service in Vietnam?

Can participating in militia and self-defense forces be postponed from military service in Vietnam?

Question: Can you tell me if I join the militia and self-defense force, will I be able to postpone my military service until the end of my time in the militia? This is a question from Minh - Binh Dinh.

Reply:

According to Clause 1, Article 41 of the 2015 Military Service Law, these following citizens shall have conscription postponed:

a) Any citizen whose health is unsatisfactory for active duty military service according to the conclusion of pre-enlistment check-up board;

b) Any citizen being the sole earner who directly takes care of his/her relative who lost working capacity or under working age; any citizen being the sole earner in a family suffering serious damage to humans and properties due to dangerous accidents, disasters, epidemics certified by People’s Committees of communes;

c) Any citizen who is a child of sick soldiers, people infected with dioxin and suffering labor capacity reduction from 61% to 80%;

d) Any citizen whose full brother/sister is a non-commissioned officer/active duty enlisted soldier or a non-commissioned officer/enlisted soldier performing service in People’s Army;

dd) Any citizen who is subject to emigration or evacuation in 03 first years to extremely disadvantaged communes according to the socio-economic development project of the State that is decided by People’s Committees of provinces or higher levels;

e) Any citizen who is official or youth volunteer assigned to extremely disadvantage socio-economic area according to the law provisions;

g) Any citizen who is studying at compulsory education institutions or receiving training of university level at higher education institutions or training of college level at vocational education institutions for a training course of a level.

In addition, this Clause is supplemented by Point c, Clause 1, Article 49 of the Law on Militia and Self-Defense 2019 (effective from July 1, 2020), adding cases of temporary postponement of military enlistment as:

- Standing militia.

Thus, from July 1, 2020, if you are a standing militia member, you will be postponed from conscription in Vietnam.

Can participating in militia and self-defense forces be postponed from military service in Vietnam? (Image from the Internet)

If I have a relative who is a non-commissioned officer, will I be able to postpone from conscription in Vietnam?

Question: I am currently 22 years old, have a young child, and my brother was formerly a non-commissioned officer serving in the people's army. He is now retired. And recently, the ward did not send me a letter to postpone my military call-up. So, can my case be postponed to take care of my child?

Reply:

Pursuant to Point d, Clause 1, Article 41 of the 2015 Military Service Law, it is stipulated that the military service is postponed for the following citizens:

a) Any citizen whose health is unsatisfactory for active duty military service according to the conclusion of pre-enlistment check-up board;

b) Any citizen being the sole earner who directly takes care of his/her relative who lost working capacity or under working age; any citizen being the sole earner in a family suffering serious damage to humans and properties due to dangerous accidents, disasters, epidemics certified by People’s Committees of communes;

c) Any citizen who is a child of sick soldiers, people infected with dioxin and suffering labor capacity reduction from 61% to 80%;

d) Any citizen whose full brother/sister is a non-commissioned officer/active duty enlisted soldier or a non-commissioned officer/enlisted soldier performing service in People’s Army;

dd) Any citizen who is subject to emigration or evacuation in 03 first years to extremely disadvantaged communes according to the socio-economic development project of the State that is decided by People’s Committees of provinces or higher levels;

e) Any citizen who is official or youth volunteer assigned to extremely disadvantage socio-economic area according to the law provisions;

g) Any citizen who is studying at compulsory education institutions or receiving training of university level at higher education institutions or training of college level at vocational education institutions for a training course of a level.

So, even though you have a non-commissioned officer, he is currently retired and does not directly serve in the People’s Army, so you will not be able to postpone your duty this time in Vietnam.

Who has authority to decide whether to postpone or exempt military service in Vietnam?

Question: Who has authority to decide whether to postpone or exempt military service in Vietnam? Hello, my name is Van Dat. I currently have questions that I would like to ask you to answer. Specifically, the Editorial Board let me ask: Currently, who has authority to decide whether to postpone or exempt military service in Vietnam? What legal documents regulate this issue? Hope to receive a response from you soon. I sincerely thank!

Reply:
Currently, competence in giving decisions on postponement and exemption from conscription and recognition for completion of active duty military service is specified in Article 42 of the 2015 Military Service Law with the following content:

1. Presidents of People’s Committees of districts are in charge of giving decision on postponement/exemption from conscription for citizens specified in Article 41 of this Law.

2. The Military Commanders of districts are in charge of giving decision on postponement/exemption from conscription for citizens specified in clause 4 Article 4 of this Law.

The above is the response to the authority to decide to postpone conscription or exempt conscription in Vietnam. To understand more information about this issue, you can refer to the Military Service Law 2015.

Best regards!
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